TOWN OF
LACOMBE
BYLAW # 253
Consolidated
A Bylaw to authorize the
Municipal Council of the Town
of Lacombe for the regulation and
control of Town Parks and Facilities.
WHEREAS the Municipal
Government Act, R.S.A. 2000, c.M-26.1 s.7 (b) authorizes
a Council to pass a Bylaw respecting people, activities and things in, or near
a public place or place that is open to the public and (amended Apr 23/07)
WHEREAS the Municipal
Government Act, supra s. 7 (d)
authorizes a Council to pass a Bylaw respecting transport and transportation
systems, and
WHEREAS the Municipal
Government Act, supra s. 7 (h)
authorizes a Council to pass a Bylaw respecting wild and domestic animals and
activities in relation to them, and
WHEREAS the Council of the Town of
Lacombe deems it expedient and in the public interest to pass a Bylaw
regulating and controlling the use of public places and facilities;
NOW THEREFORE the Council of the
Town of Lacombe in the Province of Alberta, duly assembled, enacts as follows:
|
Definitions Hours |
|
1. In
this Bylaw: a) “Abandoned” means any motor vehicle, recreational vehicle, off-highway vehicle, motor
boat trailer that has been left unattended on park land or in a campground
for a consecutive period of 72 hours, and where authorization to be in that
area has expired, shall be deemed
abandoned. b) “Campground” means a park which is designated
as a site on which daytime or overnight camping is permitted. c) “Camping” means staying overnight in a recreational vehicle or tent. d) “Chief Administrative
Officer” means the chief administrative officer for the Town of Lacombe
appointed under By-law #58 of the Town or appointed delegate. e) “Council” means the Council of
the Town of Lacombe, duly assembled f) “Heavy Vehicle” means a vehicle, or a
vehicle with a trailer attached with or without a load of 5500 kgs. gross
vehicle weight or more, or exceeding 6.3 m. (20.7') in overall length,
recreation vehicles excepted. g) “Off-Highway Vehicle” means any vehicle that is defined as such in the Traffic
Safety Act, R.S.A. 2000, c T-6 and Off-Highway Vehicle Regulation A.R.
319/2002. (amended Apr 23/07) h) “Park Area” means all municipal and
environmental reserve parcels and other recreational land areas owned or
controlled by the Town, lying within the Town limits and whether improved in
whole or in part, or in its natural state; and may include but not be limited
to neighbourhood beautification areas, publicly maintained areas administered
by the Town, playgrounds, floral areas, trees, and includes all buildings or other improvements situated on
these land areas, all ponds and lakes, and cemetery, walking and bicycle
paths. i) “Picnic Ground” means any portion of
the park area containing picnic tables, cook house, or designated as a “day use” area. j) “Public Facility” means every athletic , recreational or
cultural building or facility located in the Town and owned or controlled by
the Town. “Public Lands” means i) Campgrounds ii) Park
Area iii) Public
Facility iv)
those portions of Public roads
which include boulevards, medians, buffer strips and ditches but do not include
the carriage way or travelled sections of the roads k) “Recreation Vehicle” means a vehicle used or
intended for use as a shelter, all off-highway vehicles, motor boats and trailers
and without restricting the generality of the foregoing, includes any
motorhome, holiday trailer, camper, tent trailer or any bus or truck
converted for use as a recreation vehicle. l)
“Town” means the Town of Lacombe, a Municipal Corporation of the Province of
Alberta, or the corporate limits of the Town of Lacombe, as the context
requires. 2. All Park Areas except Campgrounds shall be closed to the public between the hours of 11:00 o’clock in the evening and 5:00 o’clock the net morning except where prior approval by the Chief Administrative Officer has been received. (amended Apr. 27/07) |
|
|
|
|
|
Destruction of Vegetation Wildlife |
|
3. No person shall injure,
damage or destroy any tree, shrub, ground cover, turf or sod, or floral fauna in or upon any public
land 4. No person shall: a)
damage or destroy
and wildlife habitat; or b)
pester, feed, or otherwise
interfere with or harm any animal in a Park area. (amended Apr. 27/07) |
|
|
|
|
|
Place
of Residence |
|
5. No person shall make
or attempt to make a place of residence in or upon any public land |
|
|
|
|
|
Camping
Restrictions |
|
6. (1) No
person shall use any part of public land for the purpose of camping except
within an area that is designated for that purpose. (2) Notwithstanding
clause (1), a person or group may camp in an area not designated for camping if
written permission has been first obtained from the Chief Administrative
Officer. |
|
|
|
|
|
Fees |
|
7. Council may establish
fees and charges for the use of public land and no person shall refuse to pay
such fees and charges where required to do so. |
|
|
|
|
|
Unsightly
Condition |
|
8. No person shall
cause any public land to be left in an untidy or unsightly condition. |
|
|
|
|
|
Personal
Conduct |
|
9. No person
shall conduct himself in a manner which is dangerous to life or property, or
which is detrimental to the use and enjoyment of the public lands by other
persons. |
|
|
|
|
|
Nuisances |
|
10. No person
shall cause, create or participate in a nuisance or disturbance in or upon
any public land. |
|
|
|
|
|
Special
Events |
|
11. No
person shall conduct or participate in a special event in or upon any public land
using amplified speaker systems, stages, platforms or other structures
without having received prior approval of the Chief Administrative Officer |
|
|
|
|
|
Contravention
of Regulations |
|
12. No person
shall contravene any posted or printed regulation governing the use of public
lands. |
|
|
|
|
|
Littering |
|
13. No
person shall deposit any waste or offensive matter of any kind in or upon any
public land, except in those receptacles or areas provided or designated for
that purpose. |
|
|
|
|
|
Fires |
|
14. No
person shall light or fuel a fire in or upon any public land except in those
receptacles or areas specially provided or designated for that purpose. Burning shall take place only if: a) burning
is supervised at all times by a responsible adult person over the age of
eighteen (18) until such time as the fire has been completely extinguished. For the purpose of this clause, a fire
shall be deemed to include any ot ashes and smoldering embers resulting from
fire. (amended Apr. 23/07) b) wood
or charcoal is burned c) the
height of the flames is limited to a maximum height of ninety (90) cm (3.28
ft) above a fire pit. d)
the fire is extinguished prior
to leaving that area of public land e)
the fire is
extinguished at 10:30 o’clock in the evening with the exception of fires in a
Campground. (amended Apr. 23/07) |
|
|
|
15.
No person shall burn: a) treated lumber b) leaves or other dead fall from trees from within a Park Area c) park vegetation, treds or parts thereof from within a Park Area,
whether dead or alive d) tires or rubber e) plastics or any other similar things which may emit a noxious smell when
burned f) any Park equipment and improvements including all buildings, garbage
receptacles, park benches, picnic tables or pay equipment. (amended Apr. 23/07) |
|
Removal
of Firewood |
|
16. No
person shall remove firewood from any public
land. |
|
|
|
|
|
Firearms,
Explosives, Fire Works |
|
17. No
person shall shoot, fire or explode any firearms, firecrackers, fireworks,
flares, airguns or explosives of any kind in or upon any public land without
the prior written permission from the Police Chief of the Lacombe Police
Service, or the Chief Administrative Officer. |
|
|
|
|
|
Business
Enterprising |
|
18. No
person shall sell or expose for sale any refreshment, goods, article or thing
or offer any service for a fee in or upon any pubic land without first having
a valid business license to do so or without having obtained prior written
permission of the Chief Administrative Officer. (amended Apr. 23/07) |
|
|
|
|
|
Advertising |
|
19. No person
shall post, paint, or affix any advertisement, bill, poster, picture, matter
or other thing in or upon any public land without first having a permit to do
so or without having obtained prior
written permission of the Chief Administrative Officer except where an
advertisement board or location has been designated for the posting of such
information. |
|
|
|
|
|
Property
Damage |
|
20. No
person shall damage, deface, destroy or remove a structure, fixture,
improvement, sign or any part thereof, or any other property or thing from
any public lands. |
|
|
|
|
|
Dogs
in Park Areas |
|
21. A dog
properly licensed under the Bylaws of the Town may be in a park area provided
that it is kept on a leash and under the control of a capable person. |
|
|
|
|
|
Areas
where Dogs Prohibited |
|
22. No
person shall allow or permit a dog to be within an area of public lands (1) containing
playground apparatus, sand play areas and floral areas. (2) designated
as picnic ground, day use area, or cook house. |
|
|
|
|
|
Defecation
by Dogs |
|
23. The owner or person in apparent control of
a dog shall be guilty of an offence if the dog defecates in or upon public
lands and the owner fails to immediately remove the defecation. |
|
|
|
|
|
Skating
on a Pond/Lake |
|
24. No
person shall skate or play on a pond or lake in or upon public lands when the
area has been posted as unsafe. |
|
|
|
|
|
Skateboarding
Prohibited |
|
25. No
person shall skateboard on any sidewalk or parking area of the Lacombe Sport & Leisure Complex
except where any area has been specially designated for such activity. |
|
|
|
|
|
Use
of designated skateboard area |
|
26. All persons using a designated skateboard
area shall leave the area free of any garbage or broken jump material. All garbage shall be deposited in the
garbage receptacles provided. |
|
|
|
|
|
Off-Highway
Vehicles |
|
27. Except
where permitted under the Lacombe Traffic Bylaw, no person shall operate an
off-highway vehicle in or upon public lands. |
|
|
|
|
|
Motor
Vehicles |
|
28. Except
in areas designated or intended for vehicle movement or parking, no person
shall park or drive any vehicle in or upon any public lands including any park
area, public facility , or boulevard or median of a public road, unless
permission has been obtained from the Chief Administrative Officer. |
|
|
|
|
|
Vehicular
Speed Restrictions |
|
29. In areas
of public lands designated or intended for vehicle movement or parking, no
person shall drive a vehicle at a speed in excess of any posted speed limit
or where no speed limit is posted in excess of twenty (20) kilometres per
hour. |
|
|
|
|
|
Commercial
Vehicle Parking |
|
30. (1) No person shall park a heavy vehicle,
a tractor with or without a trailer or any type of construction equipment in
or upon any public land except where permitted by the Lacombe Traffic Bylaw
or by the Chief Administrative Officer. (2) Clause
(1) shall not apply to: a) Commercial
vehicles while actually loading or unloading goods, or b) Construction
equipment being used during construction or improvement of property, provided
that such equipment is parked adjacent to the property where such work is
being done. |
|
|
|
|
|
Abandoned
Vehicles |
|
31. No
person shall abandon a motor vehicle, off-highway vehicle, boat trailer,
recreational vehicle on any public land. |
|
|
|
|
|
Removal
of Vehicles |
|
32. Where
a motor vehicle, off-highway vehicle, boat trailer, recreational vehicle: a)
is abandoned b)
remains in an area after the authorization to be in that area
has expired, or c) is
located in a prohibited area, the Chief Administrative Officer may cause the vehicle to be removed,
stored and disposed of. |
|
|
|
|
|
Suspension
or Revocation of Privilege of Use |
|
32. Council
may by policy provide for the privileges of a person or groups to use public
lands to be suspended or revoked by the Chief Administrative Officer. Where such privilege has been suspended or
revoked, no person or group shall enter the public lands for which the
privilege of use has been removed. |
|
|
|
|
|
Exception |
|
34. The
provisions of this bylaw shall not apply to employees, agents or servants of
the Town in the performance of their authorized duties. |
|
|
|
|
|
Violation
Ticket |
|
35. A Notice
of Form commonly called a Violation Ticket,in the form marked “Schedule A”,
may be issued and served by a peace officer to any person who contravenes any
provision of this By-Law, and the Ticket shall require the payment to the
Town for the specified amount for that particular breach of this By-Law.
(amended Apr 23/07) |
|
|
|
|
|
Deemed
Served |
|
36. (1) A violation Ticket shall be deemed to
be sufficiently served: a) if
served personally on the accused, or b) if mailed
to the address of the registered owner of the motor vehicle or recreational
trailer, or c) if
attached to or left upon the vehicle in respect of which the offence is
alleged a breach of this By-law. (2) Nothing
in this By-law shall prevent any person from defending a charge of committing
a breach of this By-law. (3) Where
a person has paid a Violation Ticket and has been prosecuted for the offence
in respect of which the Ticket was issued, then that person shall be entitled
to a refund of the Ticket payment. |
|
|
|
|
|
Penalties |
|
37. (1) Any person who violates or fails to comply with the provisions of this Bylaw, shall be guilty of an offence and subject to the peanalties set out in Schedule “B” annexed hereto. (2) Any person who enters a guilty plea or is convicted of an offence pursuant to this Bylaw is liable to a fine in an amount not less than that specified in this Bylaw and not exceeding $10,000.00 and liable to imprisonment for not more than six (6) months for non-payment of the fine. (amended Apr 23.07) |
|
|
|
|
|
Restitution |
|
38.
When a person contravenes this bylaw, by an act of vandalism or mischief, the Town may file a “Request for
Restitution” with the courts to recover the costs incurred rectifying the
damages arising from the acts of vandalism or mischief |
|
|
|
|
|
|
|
|
|
Severability |
|
39. It is
the intention of the Council, that each separate provision of this By-Law
shall be deemed independent of all other provisions, and if any provision of
this Bylaw be declared invalid, all other provisions shall remain valid and
enforceable. |
|
|
|
|
|
Bylaw
Effective |
|
40. This
bylaw shall come into force on the date of passage. INTRODUCED
AND GIVEN FIRST READING this 22nd day of June, A.D., 1998. GIVEN
SECOND READING this 22nd day of June, A.D., 1998. GIVEN
THIRD AND FINAL READING this 22nd day of June A.D., 1998. |
AMENDMENTS:
Amended April 23, 2007
|
Bylaw
253.1 |
||
|
Section |
Offence |
Specified Penalty |
|
2. |
Remain in Park Area when closed |
$100.00 |
|
3. |
Injure, damage or destroy any Park Area ground cover or vegetation |
$200.00 |
|
4. |
Damage or interfere with Park Area wildlife habitat or animals |
$200.00 |
|
5. |
Make a place of residence upon
public land |
$100.00 |
|
6. |
Camp on public land |
$100.00 |
|
8. |
Public land left in an untidy or unsightly condition |
$100.00 |
|
9. |
Activity which is dangerous or detrimental to life or property, or
detrimental to the use and enjoyment of public lands |
$100.00 |
|
10. |
Nuisance or disturbance in or upon public land |
$100.00 |
|
11. |
Activities prohibited on public land |
$100.00 |
|
12. |
Contravention of Regulations |
$100.00 |
|
13. |
Litter on public lands |
$100.00 |
|
14. |
Unauthorized fire |
$100.00 |
|
14. |
Fire: improper hours, care and control |
$100.00 |
|
15. |
Prohibited burning of materials |
$100.00 |
|
15. |
Burning park equipment or improvements |
$200.00 |
|
16. |
Removal of firewood |
$100.00 |
|
17. |
Shoot, fire or explode firearms,
firecrackers, fireworks, flares, airguns or explosives on public land |
$100.00 |
|
18. |
Business enterprising prohibited upon public land |
$100.00 |
|
19. |
Post, paint or affix advertisement, bill, poster, picture, matter or
other thing on public land |
$100.00 |
|
20. |
Property damage |
$100.00 |
|
21. |
Dog not on leash and under control |
$50.00 |
|
22. |
Dog in prohibited area |
$50.00 |
|
23. |
Defecation by dogs |
$100.00 |
|
24. |
Prohibited skating on pond/lake |
$50.00 |
|
25. |
Prohibited skateboarding |
$50.00 |
|
26. |
Garbage or broken jump material in designated skateboard area |
$100.00 |
|
27. |
Off-highway vehicle on public lands |
$200.00 |
|
28. |
Park or drive a vehicle in or upon any public lands |
$200.00 |
|
30. |
Prohibited commercial vehicle parking |
$100.00 |
|
31. |
Abandoned vehicles |
$100.00 |
|
33. |
Prohibited entry |
$100.00 |